Jean v. Capitaine Duval ( Le )
T-536-98
Teitelbaum J.
15/9/98
8 pp.
Following decision allowing, with costs, motion to strike action in rem and in personam (for salaries and expenses in amount of $229,999) commenced by plaintiffs for want of Court's jurisdiction, defendants seeking order awarding costs on solicitor-and-client basis or lump sum payment in amount of $16,357-Broad discretion as to costs under r. 400-Misconduct on part of plaintiffs in manner in which they commenced action (having three vessels arrested before time given in mise en demeure expired)-Misconduct warranting awarding of more than simple costs-Furthermore, insured value of one of vessels $2,000,000 and plaintiffs aware of fact-Mortgage on that vessel only $575,000-Arrest done to purposely embarrass defendant in eyes of mortgage holder-Arrests of vessels in April 1998 made to purposely cause very serious problems to defendant and to prevent defendant from having vessels ready for upcoming tourist season to commence in May 1998-In view of misconduct, plaintiffs order to pay lump sum of $20,000 as costs, including disbursements and costs for present motion-As plaintiffs' conduct stopping just short of "reprehensible misconduct", costs not awarded on solicitor-and-client basis-Federal Court Rules, 1998, SOR/98-106, r. 400.